20171116 TZHC Dodoma1
The appellate tribunal failed to follow proper procedure for locus in quo, rendering its findings unreliable and necessitating a rehearing.
- Citation
- 20171116 TZHC Dodoma1
- Parties
- Appellant: Wilfred Shaula; Respondent: Msengi Mtie
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 16 November 2017
- Procedural Posture
- Land Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Limitation Period, Natural Justice, Locus in Quo Procedure, Tribunal Constitution, Boundary Demarcation
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Parties
Wilfred Shaula
Appellant
Msengi Mtie
Respondent
Procedural Posture
Land Appeal / Second Appeal
Legal Issues
- 1 Whether the matter was time barred
- 2 Whether principles of natural justice were breached
- 3 Whether the appellate tribunal failed to consider appellant's evidence
Ratio Decidendi
The appellate tribunal failed to follow proper procedure for locus in quo, rendering its findings unreliable and necessitating a rehearing.
Court Disposition
appeal allowed
Orders
- Proceedings quashed
- Appellate tribunal's decision and orders set aside
Full Case Text
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